BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :1457 of 2009

Date of Institution :  23.11.2009

Date of  Decision   :  07.05.2010

Ajay Bhagat S/o Sh. R.K. Bhagat, #106-C, Sector 51-A, Chandigarh.

 ……Complainant

V E R S U S

1]     Blazeflash Couriers Limited, Corporate Office: RZ-A-144, Gali No. 9, Road No. 4, Mahipalpur Extn., New Delhi – 110037.

2]     Blazeflash Couriers Limited, SCO No. 142-143 (Basement), Sector 17-C, Near Mehfil Hotel, Chandigarh.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.Sandeep Bhardwaj, Adv. for the Complainant.

          Sh.Nawal Kishore, Agent of the OPs.

PER MADHU MUTNEJA, MEMBER

        In the instant case, a complaint has been filed by Ajay Bhagat– Complainant, seeking refund as well as compensation from the OPs for not delivering the consignment.

        The details of the case are as under.

        On 03.11.2009, the Complainant hired the services of OP No. 2 by booking a consignment, containing some books and newspaper cuttings for being delivered to Sh. R.K. Rekhi at Solan, against a total consideration of Rs.50/-. The consignment was required to reach Solan on or before 08.11.2009. But this consignment has still not been delivered. The Complainant approached the OPs many times, but no satisfactory response came from their side. In fact, the Complainant was surprised when the packet was delivered back to his own address rather than Solan, which was the place where the consignment was to be delivered. Hence, the Complainant has filed the present complaint, seeking relief against the OPs with the contentions of harassment and deficiency in service.

2]      Notice of the complaint was duly sent to the OPs. 

3]      OPs in their reply have admitted that a packet was booked by the Complainant. Delivery could not be completed for want of complete address of the consignee. Hence, the packet was sent back to the booking office for being returned to the Complainant. The Complainant did not contact the booking office, otherwise he could have collected the undelivered packet. The OPs were not responsible for the negligence and carelessness of the Complainant in mentioning incomplete address of the consignee on the booked packet. All other material contentions of the Complainant were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

4]      We have heard the learned counsels for both the parties and perused the evidence led by both parties in support of their contentions.

5]      The Complainant had given a packet to be delivered in Solan by the OP. This fact is not in contention by either party. Whether the packet to be delivered contained the address of the Consignee or not, the booking receipt issued by the OP at Annexure C-1 shows the complete address of both the Consignor and the Consignee. If the Courier Company had taken a look at this Slip, all details could have been known to them.

6]      We can, therefore, conclude that there is certainly deficiency in service on the part of the OPs in not delivering the consignment even till today. The Complainant in this regard definitely needs to be compensated for any loss caused to him by non-delivery of his consignment.

7]      Consequently, this complaint is allowed. The OPs are directed as under:-

i)       To pay limited liability of Rs.100/- towards deficiency in service for non-delivery of consignment.

ii)    To pay Rs.1000/- as compensation for mental agony and harassment due to the loss of articles.

iii) To pay Rs.1000/- towards cost of litigation.

8]      The aforesaid order be complied with by the OPs, within a period of 06 weeks from the receipt of its certified copy, failing which the OPs shall pay the sum of Rs.1100/- along with interest @12% per annum from the date of booking of the consignment i.e. 03.11.2009, till the date of realization, along with the cost of litigation.

9]     Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

07.05.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                   Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’